Get familiar with the policies, terms, and conditions for the use of Be My Eyes services.
Effective Date: 12. September 2017
Thank you for joining the Be My Eyes community, connecting blind and visually impaired with sighted helpers from around the world via live video.
We hope that you will use our Services to create a community of visually impaired and sighted users that communicate with, help, and learn from each other in positive ways. That is why we built them.
These Terms of Use set the rules for how we interact with you, how you interact with other users, and how you can, and cannot, use the Services. In a perfect world, we would not need them. But because the world is not perfect, these rules are here to encourage positive use of the Services, to protect you, to protect Be My Eyes, and to allow us to take action if and when it becomes necessary.
Be My Eyes connects blind and visually impaired people to sighted people who can help them “see” when needed.
These are the terms that explain how you can use our services, and they form a legal agreement between you and us. This section summarizes the terms, but you need to read through the entire document.
When you use our services:
Be My Eyes Services allow visually impaired users to connect with sighted users via live video chat, so the sighted user can help the visually impaired user by describing what is being shown on the video. The video stream is one-way — that is, the visually impaired user creates the video stream that the sighted user views. But the audio stream is two way so that the visually impaired user can hear the sighted user describe the video content.
Be My Eyes provides the platform to make these connections. We do not create the videos, we do not interpret the videos and we do not pre-screen the videos. We are not and cannot be responsible for the content being shared using our Services.
These terms of use (“Terms of Use”) set out the terms under which you are allowed to use, and under which Accessibly Inc. (“Be My Eyes,” “we,” “us,” or “our”) will provide, the Be My Eyes mobile application(s), service(s) and website(s) (each a “Service” and together, the “Services”).
This is a legal agreement, so please read it carefully. By accessing or using any part of our Services, you are agreeing to follow and be bound by our Terms of Use. If you do not agree to all of the Terms of Use, you may not access or use any part of our Services.
Be My Eyes reserves the right to make unilateral modifications to these Terms of Use at any time, without your consent, and you agree that we may do so. Be My Eyes will send notice of material modifications to your email address on file with us. These revisions will also be posted here and on our Services, so please check back often for updates. Revisions will take effect when posted unless stated otherwise.
Please Read These Terms of Use Carefully To Ensure That You Understand Each Provision. These Terms of Use Contains A Mandatory Individual Arbitration And Class Action/Jury Trial Waiver Provision That Requires The Use Of Arbitration On An Individual Basis To Resolve Disputes, Rather Than Jury Trials Or Class Actions. You Have The Right To Opt Out Of The Binding Arbitration And Class Action/Jury Trial Waiver Provision As Described In The Section Below Entitled “Disputes.”
Subject to your agreeing to comply and actually complying with these Terms of Use, Be My Eyes grants you permission to access and use the Services. This permission will automatically end if you violate the Terms of Use, and Be My Eyes may withdraw or end this permission, in whole or in part, at any time and for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Be My Eyes is not responsible or liable for the conduct of any user or the content of any video stream. Be My Eyes reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You must exercise common sense and your best judgment when interacting with others, including when you submit or post User Content or any personal or other information.
You agree that you are responsible for all data, telecommunications and/or other third party charges you incur to use the Service.
Our Services directly connect users so that sighted volunteers can help blind and visually impaired users. We hope and trust that our user community will be respectful of each other, particularly given our mission. But we recognize that this may not always be the case, and that some users may abuse our Services. If you witness or are subject to misuse or abuse of our Services, please let us know about it immediately at abuse@bemyeyes.com.
When you use the Services to create or transmit a video; post data, graphics or a written message of any kind, or interpret a video for another user, you are creating “User Content.” User Content may include data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, show, post or display on or via the Services.
The video chats that connect visually impaired and sighted users through our Services are a type of User Content. The person who starts a video chat (the “Video Maker”) is the creator and owner of that User Content. If you participate in a video chat but are not the Video Maker, then, and to the extent you may have any ownership right in the content of the video chat under applicable law, you hereby assign all of your rights, title and interests in and to that video chat to the Video Maker. You also hereby consent to the license that the Video Maker grants to Be My Eyes under these Terms of Use.
As a Video Maker, you own all of the User Content you create or post, including any video chat that you start. If you are not a Video Maker, you own all of the the User Content you create or post except that you do not own any video chat that you participate in but did not start.
You are solely responsible for your User Content. By using the Services to create or post User Content, you represent and warrant that you (i) are the owner or licensee of the User Content, and (ii) that you have the right, power and authority to post that content and grant the licenses specified below. You also represent and warrant the User Content you create or post will not violate third-party rights of any kind, including without limitation any copyrights, rights of publicity and privacy rights. You agree to pay for all royalties, fees, and any other money that may be owed because of any User Content you show or display through the Service.
You hereby grant to Be My Eyes, and Be My Eyes hereby accepts from you, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, commercialize, and make derivative works of your User Content, including your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for any purpose in connection with the Services and Be My Eyes (and its successors’ and affiliates’) business.
You also hereby grant other Be My Eyes users a limited, non-exclusive license to access your User Content through the Services, and to use and display such User Content, only to the extent permitted through the normal functionality of the Services and subject to all applicable provisions of the Terms of Use.
Finally, you waive any rights to inspect or approve of any marketing or promotional materials related to your User Content. You also waive any and all privacy rights, publicity rights, and any other similar rights in connection with video chats, other User Content, and any portion of either. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any or all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any video chats or User Content.
Notwithstanding anything to the contrary in these Terms of Use, you agree that Be My Eyes and its suppliers have and will retain all rights, title and interests (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, including content owned or licensed by Be My Eyes (“Be My Eyes Content”), Be My Eyes trademarks and Be My Eyes service marks (collectively, the “Services IP”), and all copies, modifications and derivative works of the Services IP. You acknowledge and agree that you are obtaining only a limited right to use the Services IP, and that irrespective of any use of the words “purchase”, “sale” or like terms in these Terms of Use or elsewhere, no ownership rights are being conveyed to you under these Terms of Use or otherwise. Nothing contained in these Terms of Use or elsewhere in the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Be My Eyes or by any third party.
Some of the Service may be supported by advertising revenue and may display advertisements and promotions. You agree that Be My Eyes may place such advertising and promotions on the Service, including on, about, or in conjunction with your User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You agree that you are not entitled to share in the revenue generated by advertising associated with your User Content.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You must be at least 17 years old to use any of the Services.
You agree NOT to do any of the following:
If you violate any of these restrictions or any other of these Terms of Use, your right to use the Services terminates immediately and any further use of the Services by you constitutes an infringement of Be My Eyes’ ownership rights, including without limitation its copyrights and other intellectual property rights, in the Services.
Be My Eyes reserves all rights not expressly granted to you under these Terms of Use, including specifically but with limitation the rights to:
Be My Eyes may, but is under no obligation to, exercise any or all of its reserved rights for any reason, with or without notice, and at any time.
Be My Eyes has a separate privacy policy that governs our collection and use of information from you. You can access the Privacy Policy here.
BE MY EYES IS NOT RESPONSIBLE FOR USER CONTENT, THE ADVICE / HELP GIVEN TO BLIND OR VISUALLY IMPAIRED USERS BY SIGHTED USERS, OR ANY VISUAL IMAGES OR AUDIO TRANSMITTED ACROSS A VIDEO STREAM.
BE MY EYES SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).
BE MY EYES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE NOT TO RELY ON THE SERVICES, OR ANY INFORMATION IN THE SERVICES, OR THEIR CONTINUATION. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER CONTENT, OR THIRD PARTY SERVICES, OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT ACCESSIBLE VIA THE SERVICES.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BE MY EYES IS NOT RESPONSIBLE FOR USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT.
Although it is Be My Eyes’ intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, but not limited to, for emergency repairs and scheduled maintenance or upgrades.
In addition, your ability to use the Services is dependent on the functionality of the device that you use to access the Services as well as the availability and coverage of wireless networks, telecommunications networks and the Internet, all of which involve facilities manufactured, owned and/or operated by third parties. BE MY EYES IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF ANY THIRD PARTY DEVICES, SYSTEMS OR FACILITIES, INCLUDING WITHOUT LIMITATION THOSE REQUIRED TO USE THE SERVICES.
Between you and Be My Eyes: IN THE EVENT OF A DISPUTE BETWEEN YOU AND BE MY EYES: (I) NEITHER YOU NOR BE MY EYES, OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) NEITHER PARTY’S LIABILITY TO THE OTHER WILL EXCEED USD $1,000.
Between you and another user: IN THE EVENT OF A DISPUTE BETWEEN YOU AND ANOTHER USER RELATED IN ANY WAY TO THE SERVICES OR YOUR INTERACTIONS USING THE SERVICES, NEITHER YOU NOR THE USER WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS THE CONDUCT THAT FORMS THE BASIS FOR THE DISPUTE WAS INTENTIONAL, CRIMINAL OR GROSSLY NEGLIGENT.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Be My Eyes Services are not designed to be or intended for use as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving medical treatment or medical or health services. The Services have not been tested or approved for such critical, high-risk uses and you agree that you will not use the Services for such purposes.
You hereby release Be My Eyes (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party, including without limitation another user of our Services, whether it be at law or in equity. This includes, for example, any disputes regarding User Content or the interpretation of User Content.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This release will not apply to a claim that Be My Eyes failed to meet one of our obligations under these Terms of Use.
Before filing any claim against Be My Eyes or otherwise seeking relief in a court of law, you agree to first contact Be My Eyes at legal@bemyeyes.com to inform us of your complaint and seek resolution. This notice of dispute must include: your name, pertinent account information, a brief description of your dispute, and contact information so that Be My Eyes may evaluate the dispute and attempt to informally resolve it. Be My Eyes will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.
In the unlikely event that Be My Eyes is not been able to resolve a dispute it has with you within 60 days of your original informal claim, we each agree to resolve any Claim by binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) in the City and County of San Francisco, California under the Consumer Arbitration Rules then in effect for AAA. You can find out more information about AAA and contact them at www.adr.org.
All Claims Must Be Brought In The Party’s Individual Capacity, And Not As A Plaintiff Or Class Member In Any Purported Class Action, Collective Action, Private Attorney General Action Or Other Representative Proceeding. This Waiver Applies To Class Arbitration, And Unless We Agree Otherwise, The Arbitrator May Not Consolidate More Than One Person’s Claims. You Agree That, By Entering Into These Terms of Use, You And Be My Eyes Are Each Waiving The Right To A Trial By Jury Or To Participate In A Class Action, Collective Action, Private Attorney General Action, Or Other Representative Proceeding Of Any Kind.
Action Is Required To Protect Your Legal Right To Sue Be My Eyes In Court Or To Participate In Any Way In A Class Action, Collective Action, Private Attorney General Action Or Other Representative Proceeding. You May Opt Out Of The Foregoing Arbitration And Class Action / Jury Trial Waiver Provision Of These Terms of Use By Notifying Be My Eyes In Writing Within 30 Days Of The Effective Date Of These Terms of Use Or Your First Use of the Services, Whichever Is Later. Such Written Notification Must Be Sent To Either: Be My Eyes, 1155 Market Street, 10th Floor, San Francisco, CA 94103, USA, Attention: Arbitration Opt Out, or (ii) legal@bemyeyes.com With The Subject Heading: Arbitration Opt Out. Your Written Notification Must Include: (1) Your Name, (2) Your Address, (3) Your Telephone Number, (4) Your Email Address, And (5) A Clear Statement Indicating That You Do Not Wish To Resolve Disputes Through Arbitration And Demonstrating Compliance With The 30-Day Time Limit To Opt-Out of the Above Arbitration and Class Action/Jury Trial Waiver Provisions.
Accessibly respects the intellectual property rights of others and requires that you and all of our users do the same. If you believe that content or other activity taking place on our site or services constitutes infringement of a work protected by copyright, please provide Accessibly’s DMCA administrator the written information specified below, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”)
Accessibly’s DMCA administrator for notice of claims of copyright infringement on the Site can be reached as follows:
DMCA Administrator
Accessibly, Inc.
1155 Market Street, 10th Floor
San Francisco, CA 94103
Email: DMCA@bemyeyes.com
You are responsible for compliance with applicable local laws where you live or access the Services. Be My Eyes will not be considered to have modified or waived any of our rights or remedies under this Terms of Use unless the modification or waiver is in writing and signed by an authorized representative of Be My Eyes. Email exchanges may not result in a waiver or modification of these Terms of Use. No delay or omission by Be My Eyes in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
You will not transfer, assign or delegate your rights or obligations under this Terms of Use to anyone without the express written permission of Be My Eyes, and any attempt to do so will be null and void. Be My Eyes may assign this Terms of Use in its sole discretion.
The Services are controlled and operated from the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations. You warrant that you are not prohibited from receiving US origin products, including services or software. You may not use or access the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Neither of the parties to this Terms of Use will be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay.
The paragraph headings in this Terms of Use are included for ease of reference only and have no binding effect. These Terms of Use and all documents referenced in this Terms of Use (including the Privacy Policy available by hyperlink above) comprise the entire agreement between you and Be My Eyes with respect to the use of our Services and supersede all prior agreements between the parties regarding such use as well as any conflicting or inconsistent terms in any web sites that link to or are linked from the Services. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Terms of Use, which will remain in full force and effect.
